HomeMy WebLinkAboutMIN CHC 1989-09-16 PH 7 4,
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,1 Mi."utes of
HAWAII CO NT 5 CHARTER COMMISSION
Public Hearing
September 16 , 1989
I . CALL TOORDER
Chairman Bethea called the public hearing meeting to
order at approximately 10: 02 p.m. at the Kona Hilton
Hotel conference room, Kailua-Kona, Hawaii.
II . ROLL CALL
Members Robert E. Bethea, Chairman
Present: Sherwood Greenwell , Vice Chairman
Pamela F. Cushnie
David Fuertes
James O. Juvik
H. Peter L'Orange
Aileen Lum
Steven T. Nishikawa
Akira T. Omonaka
Patricia M. Poppe
Attorney: Christopher Yuen
Secretary:R. Marie Jacobs
Members Francine Duncan
Absent:
III. INTRODUCTION
Chairman Bethea: Holding this hearing pursuant to
Section 15-3 of the County Charter; this is our second
public hearing. This is a public meeting and it ' s open
to discuss all issues.
IV. SHIRLEY FREEMAN (Exhibit A)
A. Freeman: Favors single-member Council districts.
B. Freeman: Wants all recommendations to appear on
voting ballot separately; does not want anything
lumped together to either accept or reject.
Cushnie: Questioned whether housekeeping items
could be lumped together. Freeman: Feels even
housekeeping items should be listed separately in
case there is controversy.
599
C. Freeman: Wants all ballot information clear and
easy to understand.
D. Juvik: Wants suggestions from Ms. Freeman or others
asto the best way to disseminate ballot information
prior to the election (1 : 1 :42) .
V. MARGE MULHALL (Exhibit B)
A. Mulhall : Belongs to the League of Women Voters , who
have adopted the following:
1. Mulhall : Boards and commissions should be
composed of not more than a bare majority of
members of one gender. Women are presently
under-represented. Gender parity should be
mandated in the Charter.
2. Mulhall: All issues should be handled by
initiative. The 15% number of signatures now
required should be reduced to 10% of those that
voted in the previous election.
3 . L'Orange: Questioned what a reasonable amount
of time should be to circulate petitions (38) .
Mulhall: Three months is reasonable.
4 . Mulhall: Issues must be understandable to
voters and should be clear on ballots. Lack of
clarity was exemplified on the most recent
Hapuna issue, which no one understood on the
ballot. A public mailing to all residents
before the election should list all issues,
with a clear explanation and consequences of
voting either way.
5. Bethea: Would you want the number of issues
appearing on a ballot limited? Mulhall:
Growth would mean voting on however many
necessary; 40 issues would seem quite high.
VI. JACK DAVIS
A. Davis: Plans to submit written testimony at a later
date re three areas :
1. Davis: The length of time to collect signa-
tures should be 6 months long.
2. Davis: Agrees with Mulhall that amount of
signatures needed should be reduced to 10%:
600
3 . Davis: Planning Commission is too powerful ;
their recommendations should be advisory only.
4 . Commission also should represent the total
community. Right now, the commission
represents development (33 ) ; since it is a
public commission, it should not be over-
balanced in that direction.
5. Davis: Agrees with Ms. Mulhall ' s comment re
gender balance. F e e l s membership should
be balanced with environmental representatives
also. Planning membership need not be limited
to the construction industry.
6. Davis: Feels the quality of life can better be
served if we re-cycled items. Feels that the
quality of life should be a primary concern to
government; should have some kind of environ-
mental quality commission set up (30) , which
projects environmental considerations on a
long-term basis.
7. L'Orange: Planning Commission lists no
requirements for membership in the Charter.
Would appreciate suggestions along this line.
Davis: Miminum one person should be an
environmentalist (25) . Poppe: If geographical
area plus interest must be represented, would
like suggested way of handling.
VII. KRISTI VAN PERNIS (Exhibit C)
A. Van Pernis: Prefers single-member districts , which
would save candidates campaign costs and time (20) ;
it would also allow the district to be truly
represented by one in that community.
Van Pernis: Suggests each of the six districts
elect their own representative; the remaining three
Council positions would run at-large. The three
at-large members would shoulder accountability
islandwide. Wording on the ballots for
single-member and at-large districts should be
clearly written also.
B. Van Pernis: Re initiative, the 15% signature
requirement is too high.
C. Van Pernis: Prefers a gender-free Charter.
601
D. Greenwell: Would you prefer 2-year terms if new and
smaller districts are formed (14)? Van Pernis:
Prefers 4-year terms.
E. Greenwell: Questioned her thoughts on non-partisan
elections. Van Pernis: Had no comment.
VIII. JERRY ROTHSTEIN (Exhibit D)
A. Rothstein: Article 11 , suggestions relating to
initiative and referencum:
1. Rothstein: Elimination of land use initiative
does not produce quality development (9) .
2. Rothstein: Change petition signature
requirements from 15% to 10%.
3 . Rothstein: Define "qualified voters" on
petitions to include being qualified if voter
is registered at the time the petition is
verified.
4 . Rothstein: Each petition collector is required
to give his residential address. In a rural
community, box numbers are used. The Charter
should be amended to read "residence address or
box number. "
5. Rothstein: Recommends withdrawal of signatures
be notarized also to prevent fraudulent with-
drawals .
6. Rothstein: Council has 60 days to deal with
initiatives and 30 days to deal with referendums
once they are certified (1: 2:44) . Recommends
language to say: "However, if the Lt. Gov' s
submission deadline falls within the 60 days,
the Council shall complete its proceedings in
time to meet the submission deadline for
placement on the ballot. "
B. Rothstein: Sexist language throughout Charter
should be changed to gender neutral language.
C. Rothstein: The present Charter does not adequately
deal with the ballot language. The Hapuna
initiative lost because few understood the ballot
language. Corp. Counsel presently writes the
language, no input is requested from the public, and
Corp. Counsel may reject any input offered (41) .
602
Recommends new language be added to the Charter for
simplifying ballot language (see Exhibit D) .
D. Cushnie: Wanted notarizing of petitions explained.
Rothstein: Every initiative of every petition must
be notarized. The petition carrier is saying that
he/she has personally witnessed every signature.
E. L'Orange: Requested suggestions for how long a
petition should be circulated. Rothstein: Not
longer than before a second election. A petition
may begin right before an election and therefore not
make that election, but can be put on ballot for second
election. A petition should be good for 4 years .
IX. MEL SHAPIRO
A. Shapiro: Feels the Charter should include an
organic act; it permits establishing and incorporating
city(ies) . Communities compete because they have
different objectives and goals and prefer their own
government . Bethea: Counties arecreatures of the
Legislature; doesn' t feel any type of sub-city can
be created under our Charter. Feels this is a
matter that should be addressed by the Legislature.
Yuen: State constitution authorizes the Legislature
to establish counties and other political subdivisions .
The counties may not incorporate their cities through
Charter amendments .
B. Shapiro: Hilo side of the island where County
government exists , is not interested in what ' s
happening in the Kona community. Basic services
(i . e. police, fire) would still be provided (26) ,
but there would be some local rule.
X. GIRARD BRILLIANT
A. Brilliant: Would like more notice of meetings.
Prefers that future Charter meetings could be more
numerous (23) .
B. Brilliant: Feels Charter members should earn their
positions through an election.
C. Brilliant: Prefers shorter time between reviews;
5-year reviews are preferable to 10-year ;reviews .
D. Brilliant: Would like to see a neighborhood board
system set up on the Big Island. Members' of the
603
•
board would be elected in their community and would
make planning decisions.
E. Brilliant: Single-member Council districts with
Council Chair being elected at-large.
F. Brilliant: Does not want amount of topics covered on
ballot limited in any way.
G. Brilliant: Should not require that a voter be
registered before signing a petition.
H. Brilliant: Should require 25% of the total who
voted to recall someone (10) .
I. Brilliant: Charter should mandate that a district
affected by the outcome of a vote should have a
hearing in that district (7) re the item.
J. Brilliant: Charter meetings should be advertised in
'every daily newspaper in the County and announced on
radio programs .
K. Brilliant: Copies of Charter should be made avail-
able tototal public. Charter should also include
an index and definitions.
L. Brilliant: College students should be considered
being used on boards and commissions .
M. •Brilliant: Should include election dates in the
Charter.
N. Brilliant: Charter should include provisions for
subcommittees of the County Council .
XI. TERRY WALLACE
A. Wallace: Prefers to have a mayor--more personal
contact .
B. Wallace: Referendum is important in expressing
personal concerns (2: 1:41) .
C. Wallace: District representation does not exist at
present , because members do not live in the district
604
they represent. Wants a combination of district and
at-large elections.
XI . LYDA NAVAS .
A. Navas: Recommends professional city management form
of government; this would take politics out of
government.
B. Navas: Elected official receives funds from those
he must pay back later; elected officials are not
interested in retaining quality of life on the
island.
C. Navas: Wants single-member district representation.
D. Navas: Wants environment protected.
E. Navas: Wants simple ballot language.
XIII. JAMES PRATTAS
A. , Prattas: County has an integrity problem.
B. Prattas: Charter is obsolete (33 ) ; Kona needs its
own County government , separate from Hilo.
XIV. BILL CROCKETT
A. Crockett: Need a Charter provision for those board
and commission members who miss three-four consecu-
tive unexcused meetings; they should not continue to
' serve on boards/commissions .
XV. BILL LATHERS
A. Lathers: Wants Council members who live in and are
elected from their districts (29) ; the Council
members must remain in the district from which they
were elected or be removed when the residence
changes .
B. Lathers: Because population areas have changed,
district boundaries should change also.
C. Greenwell : Questioned whether should have 2 or
4-year Council terms. Lathers: 2 years.
D. Lathers: Police Commission power needs to be
increased; they need to investigate police wrong-
doing.
605
XVI. ADJOURNMENT
A. Chairman Bethea closed the public hearing at
approximately 12:04 p.m. No regular meeting was
held.
Respectfully submitted,
R. Marie Jacobs
Secretary-Assistant
606
HAWAII. CHARTER i_ilMMI83IiIN HEARINI
Kona Hi i ton , September 16. 1939
Mr` name is Shirley Freeman and I am a teacher at Konaw,aena
Elementary School . Although I belong to a number of
commur i 'y r:::.r'Qa€"t i :: St , on•=, I am speaking today as an
individual .
I want t o begin b y thanking yo a f o r• your willingness to
serve on this commission and for scheduling this meeting in
Kona and at a time that allows the attendance of a working
person 1 i ke myself .
My first concer•r, is the election of council members. I
favor single member council districts. Although I want my
member to represent the interests of al 1 districts, I want
to be able to vote for one member who wi i l feel a special
responsibility to the welfare o f my district .
My second concern is how the Commission's recommendations
wi 1 i appear on the ballot . I want to be abi e to vote or,
each recommendation separately. Having everything lumped
together in one vote does riot olive me an adequate , or a
real , opportunity to properly express my opinions.
My last concern is the language of the recommendations as,
they appear on the ballot . The last Charter ballot was a
masterpiece of obscurity and was incomprehensible tO man::
people . As an elections official at my polling place , I had
first hand experience with the frustrations and anger of •
many voters. This time , I want to see wording that is
clear , simple and understandable .
In• summary, I favor single member council districts, a
ballot that lists each recommendation separately, and a
ballot that is easily understood .
Thank you for your attention to my concerns.
SPIeLL y
r7efEr /94/
EXHIBIT A 607
(1 Page)
Septeml-ier 16, 1989
Charter Review Commission
County of Hawaii
Re: Gender Parity on Boards and Commissions
Initiative
Dear Commissioners :
At our annual meeting in April, the League of Women Voters of
Hawaii County adopted the following positions.
•
The League believes that Boards and Commissions should be comprised
of not more than a bare majority of members of one gender. On most
Boards, and I have served on several, women are presently under
represented. As one means of insuring that women earn comparable
wages, will move equally comfortably in positions of governmental
power, and fairness to the whole community which needs their expertise,
Gender Parity on Boards and Commissions should be mandated by law.
Please add a Gender Parity requirement to our County Charter.
On the other subject that I would like to speak to -- Initiative.
The League of Women Voters supports Initiative for all issues as
stated in our present Charter.
We propose reducing the number of signatures required to validate
an Initiative Petition fron 15% to 10% of those who voted for the
Mayor in the previous election. As our County grows , 10% will be
a large number of signatures for the County Clerk to verify.
The League is most concerned about the wording of ballot issues .
Of course they must be worded legally, but equally important is that
the issues must be understandable to voters . The most recent example
of ambiguity was the November Hapuna issue. A person had to vote
"yes" on the ballot to say "no" to the hotel being built directly
next to Hapuna Beach Park, and visa versa.
The League would like to have a publicly funded mailing prior to the
election to explain the pros and cons of the ballot issue, and a
clear explanation of the consequences of either vote. A facsimile
ballot mailed to each registered voter would facilitate the voting
process , reduce the confusion on election day, and really give all
our citizens a better feeling about Government.
I hope for the sake of all our citizens , that you incorporate these
ideas in the Charter.
Sincerely,
EXHIBIT B
608 (1 page) GC-.
Marge Mulhall
Vice President League of Women Voters
Hawaii County
CHARTER REVIEW COMMISSION
TESTIMONY FROM KRISTI VAN PERNIS
BOX 607 KAILUA-KONA, HI . 96745
My testimony will focus on two items , a single member distric
system and iniative and referendum.
As you know, our present system dictates that each council
candidate must be elected at large or island wide, whether
they are running for a distric seat or actually running at
large. Speaking from past experience as a council candidate,
I must state that the current system places undue burden both
financially and physically upon a potential council candidate;
it also disallows true representation for our island residents .
An island wide race is very costly, and extremely time consuming
when travel time is considered. Our current system limits our
choice of candidates to those who are able to take the time off
from work to campaign and to those who can afford it. Conse-
quently, we are limiting our selection to those who are finan-
cially well off or have the capacity to raise the money. I be-
lieve there are many well-qualified people, truely interested
in public service, who simply can' t afford the "race" . As for
the travel time required to go from one fundraiser to another
in a different town (usually scheduled the same day) , or to at-
tend any public engagement during a campaign, can become so de-
manding and extensive, it actually diffuses the candidates time
and makes it much more difficult for the residents to know or
clearly understand who the candidate is and what their platform
or views represent.. My campaign workers raised over $20 ,000
for my campaign and I logged over 12 , 000 miles in 5 months of
campaigning. During one weekend, I can recall public speaking
engagements in Hilo on Friday, Pahoa on Sat . morning, Kona in
the afternoon, & Hilo again in the evening, and back to Kona on
Sunday. Sometimes one sends a representative , but during cam-
paign time, this does not really take the place of the candi-
date presence. Consider how physically exhausting this is on 609
the candidate, the time required and the expense. My campaign
by most standards was really rather meager, EXHIBIT C (4 pages)
with only $20 , 000 in funds , but the time required also meant
an additional loss of five months income as well. A single
member distric system would actually allow for a larger pool
campaign
of qualified candidates because theAexpense would be less , al-
lowing more potential candidates to "race" . It would also al-
low the candidate to really get to know the constituents in
their distric, and allow the constituents to become much bet-
ter acquainted with the candidates , their abilities , and what
they truely represent.
In our present system, we currently allow Hilo to vote in our
council person because of their large population. Let' s face
it, if a Kona candidate is not well known in Hilo, they have
very little chance of winning the election. We also know of
examples where candidates may loose in their own distric, yet
still be elected by other districs . If a candidate who has
residencey in one distric, can' t even win in that dis-
tric, there' s probably a very good reason why his distric does
not want he or she representing them. Additionally, many areas
such as Hamakua, Kau and certain parts of Hilo and Kohala are
still in this day and age, Union controlled. They vote the
way the Union tells them to vote. . .for whichever candidate the
Union has endorsed. Unfortunately, this does not neccessarily
mean the Union Boss has given the candidate much thought or
that they or endorsing the candidate which might be the best
for a distric. . .no, they are endorsing the candidate that will
vote the way the Union dictates when he or she is sitting on
that council . Although the Unions have been responsible for
some very important social and economic changes in this State,
we don' t neccessarily want to have a situtation where a Union
endorsed candidate can 'win Island-wide, yet cannot even win in
his or her own distric. Single member districs will allow us
to have distric represntation that is truely cognizant of the
problems and pitfalls a distric faces and the views of how it ' s
610 constituents want these matter address . Single member districs
offer true distric representation for the over-all good of the
entire Island.
-P. 2 . -
The system I advocate is for the six distric seats , Kona, Kau,
Kohala, Hilo, Puna, and Hamakua to be elected by their respec-
tive districs . The 3 remaining council seats would run-at-
large. Each distric council member would truely represent
an equal number of residents and it would truly be "one
man, one vote" , with each distric council member accountable
and directly responsible to their resident distric and their
constituents . The 3 at-large council persons would oversee &
shoulder responsiblity and accountability county-wide.
I urge you to study this issue carefully, including educating
the public about single member districs and careful wording
with actual examples , should it be placed on the ballot.
With regards to initiative powers , I am requesting that this
be left in the charter and that initiative powers be allowed
for all matters . As you may know, the State Supreme Court
pointed out the conflicts between vague language with re-
gards to iniative(in the Sandy Beach situation) , verses explicit
language allowing the county council the power to zone. This
conflict and prevailing language for this statue will be ad-
dressed and decided in next years legislature; since the Charter
Review Commission meets only once every 10 years , it is impera-
tive that initiative powers be left in our Charter.
To have a successful iniative requires that 15% of our popu-
lation that voted in the last mayoral election, sign a peti-
tion to place that item on the ballot. This is a very difficult
proceedure, and anytime you acquire that percentage of valid
voter6 signatures , there is a very good reason for that iniative
to be on that ballot. It does not neccessarily mean that the
iniative will pass . . . .but it points out that a certain amount of
voters are concerned, for whatever reason. And it allows the
people their RIGHT to vote , with the majority ruling; our government
611
is based on this- concept!' It"s an excellent checks and balance system
for our elected officials ; it allows the people to right to recti-
fy poor decisions or laws . And after all, our government, elected
officials and even our charter is suppossed to represent the true
will of the people.
-P.3 . -
The only other item I wish to address regarding the charter is
the masculine gender emphasis in the language. I would pre-
fer to see wording using "he or she" or "his or her" , not "he,
him or his" .
Thank you for considering my testimony.
Sincerely,
( 2,_ )
KRISTI VAN PERNIS
OFF: 329-3545
RES : 324-1166
/// FAX: 329-2650
612
1
' SEPTEMBER 16, 1989
HAWAII COUNTY CHARTER REVIEW COMMISSION
25 AUPUNI ST
HILO HAWAII 96720
DEAR CHAIRMAN AND MEMBERS OF THE COMMISSION/
MY INTEREST IN AMENDING THE CHARTER RELATES TO ARTICLE
11 PERTAINING TO INITIATIVE & REFERENDUM.
HAVING BEEN DEEPLY INVOLVED IN THIS ISSUE AS A
PETITIONER' S COMMITTEE MEMBER OF THE SAVE HAPUNA INITIATIVE
PETITION (SHIP) I BRING MY EXPERIENCE TO BEAR IN MAKING
THESE RECOMMENDATIONS. THESE RECOMMENDATIONS APPLY TO ALL.
INITIATIVES OR REFERENDUMS WHETHER FOR LAND USE OR ANY OTHER
ISSUE.
BASIC TO ALL RECOMMONDATIONS REGARDING ARTICLE 11 IS
THE STEADFAST BELIEF THAT INITIATIVE AND REFERENDUM ARE
BASIC VOTING RIGHTS OF CITIZENS IN A DEMOCRATIC SOCIETY AND
THAT ANY ATTEMPT TO LIMIT OR ELIMINATE THESE RIGHTS VIOLATES
DEMOCRATIC PRINCIPLES AND THE PUBLIC INTEREST. I URGE THIS
COMMISSION NOT TO DO ANYTHING THAT WILL IN ANY WAY LIMIT
THIS PRECIOUS VOTING RIGHT. WHILE SOME MAY BELIEVE THAT
ELIMINATING LAND USE INITIATIVE IS GOOD FOR BUSINESS, IT IS
NOT/ BECAUSE THE PRESENCE OF THE RIGHT TO LAND USE
INITIATIVE/ IN THE LONG RUN/ PRODUCES THE HIGHEST DUALITY
DEVELOPMENT. ANY ATTEMPT TO GUT LAND USE INITIATIVE IS A
DISENFRANCHISEMENT OF PRESENT AND FUTURE GENERATIONS OF
HAWAII 'S PEOPLE AND THIS COMMISSION SHOULD NOT DO ANYTHING
TO LIMIT THIS PRECIOUS VOTING RIGHT.
I HAVE 7 CHARTER AMENDMENTS PERTAINING TO ARTICLE 11 .
THE LAST ONE THE "PLAIN BALLOT LANGUAGE AMENDMENT" IS THE
SINGLE MOST IMPORTANT CHANGE REGARDINGI&R AND IF THE
COMMISSION DOES NOTHING ELSE WITH AMENDING ARTICLE 11 , IT
SHOULD PLACE THIS ONE ON THE BALLOT AS IT SERVES ALL VOTERS
WHETHER "FOR" OR "AGAINST" A BALLOT ISSUE.
1 . SEXIST LANGUAGE THROUGHOUT THE CHARTER SHOULD BE
CHANGED.
SEC. 11 3(C) SUBMISSION REGUIREMENTS
2 CHANGE THE NUMBER OF QUALIFIED SIGNERS FROM 15% WHICH IS
VERY DIFFICULT TO OBTAIN TO 10% OR AT MOST 12%. 15% IS HIGH
COMPARED TO MOST OTHER ...JURISDICTIONS AND IS VERY DIFFICULT
TO OBTAIN.
3. DEFINE "DUALIFIED SIGNERS" AS ONE WHO IS ON RECORD AS A
REGISTERED VOTER AT THE TIME THE SIGNATURES ARE VERIFIED BY
THE COUNTY CLERK. PRESENTLY THE TERM "QUALIFIEDVOTER" HAS
BEEN INTERPRETED AS ONE WHO IS REGISTERED TO VOTE AS OF THE
DAY THE PETITION IS SIGNED..
THIS WILL QUALIFY MORE SIGNATURES ON ANY PETITION AND
GET MORE PEOPLE TO REGISTER TO VOTE.
EXHIBIT D 613
(19 pages)
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AiNno3 aNi aliNm 0aoNvuunmoo amv-IdNowwoo SIHI saivaowonov
ASNVHD aevnoNv-I SIHI 45sa%da0v anNnaxsau
NV 3AVH ION 00 A1N003 IIVMVH NI a-Idonu ANYN OS ADNIS "NAaaNnra
XOS ADIAA0 ISOA UI2H1 Nmoa sJ.n.d alloallos aNii AAa sisIxa
NOI1V1OIA -Oa/DINH:3AI V , ,ssadaav anNaaxsa:d, Ndaidv aaiumaNI
PV .SS3GOV133:1iS V 3AVH ION S308 33N381S3 WAHI AI
H38140N X08 331AdO ISOd 8131-11. ).A0u sa*Jom Nmns sea-INn
° "NOIIIIMA
'Jive NO 9NINOIS dO aiva aNi ONY uaawnN AJ_Iunoas lVIDOS SIH
,SSaA00V anNaaIsa 5tH ,aunivNoIs SIH 00V ,awvN SIH INIMA
-1-1VHS NOIIIIMA None 9NINOI5 uoloana HDVR" savau (j7) (Y) .t
"ADNAIDIAACIS ONV SWAOA 2SNOIIIIAd iI g-TT .oas
I MAINTAIN- THAT DESPITE THE UNLIMITED FINANCIAL
RESOURCES OF MAUNA :.EA PROPERTIES., THE REASON THE HAPUNA
INITIATIVE LOST WAS THE WORDING OF THE BALLOT. IT WAS
CONFUSING, UNNECESSARILY COMPLICATED, REDUNDANT, AND
CONTAINED IRRELEVANT AND INCORRECT LANGUAGE. THE AVERAGE
VOTER COULD NOT UNDERSTAND IT. IF A VOTER DID NOT KNOW HOW
HE OR SHE WANTED TO VOTE BEFORE ENTERING THE• VOTING BOOTH,
IT WAS VERY DIFFICULT TO DECIDE BASED UPON, READING THE
BALLOT.
FOR MONTHS AFTER THE ELECTION HARDLY A DAY WENT BY THAT
PEOPLE I MET TOLD ME THEY VOTED "AGAINST" THE HOTEL RATHER
?
THAN "FOR" DOWNZONING OR KNEW OF SUCH PEOPLE. PRECINCT
WORKER TOLD ME THEY HAD MORE QUESTIONS ABOUT THE INITIATIVE
THAN ANYTHING ELSE. I MAINTAIN THAT BUT FOR THE BALLOT
LANGUAGE THE OUTCOME OF THE ELECTION WOULD HAVE BEEN
DIFFERENT. I BELIEVE THE HAPUNA INITIATIVE LOST BECAUSE OF
IT AND THAT PREVIOUS INITIATIVES AND REFERENDUMS MAY HAVE
LOST BECAUSE OF THE DIFFICULTY OF UNDERSTANDING THE BALLOT
LANGUAGE.
I WAS INVOLVED IN THE PROCESS OF DETERMINING THE HAPUNA
BALLOT LANGUAGE AND I MUST TELL YOU HERE AND NOW THAT IT IS
UNREGULATED, ARBITRARY, CAPRICIOUS AND SUBJECT TO TREMENDOUS
ABUSE, ItITENTIONAL OR OTHERWISE.
THE 'WAY IT WORKS IS THAT THE CORP.COUNSEL'S OFFICE
WRITES THE BALLOT LANGUAGE AND IS THE SOLE DETERMINANT OF
ITS WORDING. No INPUT IS REQUESTED AND HE OR SHE FREE TO
ACCEPT OR REJECT ANY INPUT THAT DOES COME IN. IN THE CASE
OF THE HAPUNA INITIATIVE 4 RECOMMENDATIONS WERE MADE BY THE
PETITIONER' S COMMITTEE INCLUDING ONE THAT WOULD CORRECT A
FALSE STATEMENT PRESENT IN THE BALLOT LANGUAGE. TWO
RECOMMENDATIONS WERE REJECTED THAT WOULD HAVE CORRECTED THE
MISTAKE, HALVED THE WORDS, AND MADE THE BALLOT LANGUAGE
SIMPLER AND EASIER TO UNDERSTAND. IT WAS THE ARBITRARY
DECISION OF SOMEONE IN THE CORP. COUNSEL' S OFFICE THAT
RESULTED IN THE INCOMPREHENSIBLE LANGUAGE THAT RESULTED.
' •
THIS MUST NEVER HAPPEN AGAIN.
As SUCH I RECOMMEND A NEW SECTION BE ADDED TO ARTICLE
11 TITLED "BALLOT LANGUAGE" WHICH PROVIDES A MECHANISM FOR
ARRIVING AT CLEAR AND SIMPLE BALLOT LANGUAGE. HERE IS ONE
SUCH MECHANISM.
•
"THE BALLOT LANGUAGE SHALL CONTAIN AN OBJECTIVE SUMMARY
OF THE SUBSTANCE OF THE MEASURE AND BE WRITTEN IN THE MOST •
CLEAR AND SIMPLE MANNER POSSIBLE. IT SHALL INCLUDE
DESIGNATED SPACES IN WHICH TO MARK THE BALLOT "FOR" OR
"AGAINST" .
A PANEL OF 5 MEMBERS SHALL BE APPOINTED, BY THE MAYOR
WHOSE PURPOSE IS TO ASSURE "CLEAR AND SIMPLE. BALLOT
LANGUAGE. "
THE PANEL SHALL CONSIST OF A MEMBER OF THE PETITIONER' S
COMMITTEE, THE COUNTY CLERK, AND THE CORP. COUNSEL, AS WELL
AS AN EDUCATOR IN THE FIELD OF "ENGLISH" OR "COMMUNICATION"
AND A COLLEGE STUDENT APPOINTED BY THE MAYOR. THIS PANEL 615
SHALL BEGIN MEETING WITHIN 3 DAYS OF CERTIFICATION OF THE
PETITION AND SHALL HAVE THE BALLOT LANGUAGE DETERMINED NO
LATER THAN 1 WEEK THEREAFTER.
•
INADDITION'TO THE "OBJECTIVE SUMMARY OF THE UBSTANCE
OF THE THE MEASURE" THE COMMITTEE SHALL ALSO WRITE A CLEAR AND -`
BRIEF EXPLANATION TO BE PLACED ON THE BALLOT. THIS
EXPLANATION SHALL BE IN THE FOLLOWING FORMAT:
VOTING "FOR" MEANS. . . .
VOTING "AGAINST" MEANS. . -. . "
' - - --
ANOTHER SIMPLER FORM WOULD BE "THE MAYOR SHALL APPOINT
A BALLOT LANGUAGE PANEL INCLUDING A MEMBER OF THE
PETITIONER' S COMMITTEE WHOSE DUTY SHALL BE TO CREATE BALLOT
LANGUAGE FOR EVERY INITIATIVE AND REFERENDUM. SUCH LANGUAGE
IS TO BE AS CLEAR, SHORT, ACCURATE, AND UNCOMPLICATED AS
POSSIBLE. THE COMMITTEE SHALL ALSO WRITE A CLEAR AND BRIEF
EXPLANATION TO BE PLACED ON THE BALLOT.
I BELIEVE THAT NO MATTER WHAT PROCEDURE IS ADOPTED FOR
CREATING CLEAR AND SIMPLE BALLOT LANGUAGE THAT THE "BRIEF
EXPLANATION" ASPECT AND PARTICIPATION BY A MEMBER OF THE
PETITIONER' S COMMITTEE ARE ESSENTIAL.
•
THERE ARE OTHER WAYS OF DEALING WITH THIS ISSUE. I AM
ENCLOSING FOR YOUR REVIEW, ELECTION LAWS REGARDING BALLOT
LANGUAGE FROM CALIFORNIA, ALASKA, COLORADO, OREGON, WYOMING,
WASHINGTON AND WASHINGTON DC.
THERE MAY HAVE BEEN OTHER ARTICLE 11 ISSUES RAISED
BEFORE THE COMMISSION THAT I HAVE NOT DEALT WITH HERE. I ' LL
TRY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
T YOU,
, 1 .
'' ' ''- ' IN
76-123 ROYAL POINCIANA DR.
KAzLuA-KowA HAWAII 96740
;
616
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ELECTIONS CODE 1988 ELECTIONS CODE 1988 a��` y��� 3502. ,, - ,„
I' 1;
loard of supervisors of every i+',
ed in accordance with the �'''
If +`
f '
DIVISION 5. MEASURES SUBMITTED TO THE
Tice after the close of the VOTERS 'I .,.
1 i
)f office, the Governor may
;retion. Chapter 1.State Elections 1 ;`r.,
!r the close of the nomination
iy
ecial election shall be held. Article 1. Initiative and Referendum Petitions ! '
I,
3500. Scope of article. I'
3f the local agency shall issue This article applies only to initiative and referendum measures affecting the 1 k
In which shall be published Constitution or laws of the state. I
(Added by Stats. 1976, c. 248, §3.) . t F:
3501. Form of heading of initiative measure. j,
The heading of a proposed initiative measure shall be in substantially the
following form:
Initiative Measure to Be Submitted Directly to the Voters
The Attorney General of California has prepared the following title and I 4 i
summary of the chief purpose and points of the proposed measure: 1 f
(Here set forth the title and summary prepared by the Attorney General.This ;t
title and summary must also be printed across the top of each page of the petition
whereon signatures are to appear.) 1
t
To the Honorable Secretary of State of California i!
It
We, the undersigned, registered, qualified voters of California, residents of
County (or City and County), hereby propose amendments to the
Constitution of California (the Code, relating to ) and
petition the Secretary of State to submit the same to the voters of California for
their adoption or rejection at the next succeeding general election or at any
special statewide election held prior to that general election or otherwise ,i 1f'
provided by law.The proposed constitutional(or statutory)amendments(full title ,4 I
and text of the measure) read as follows: I
(Added by Stats. 1976, c. 248, §3.)
t
3502. Draft of petition submitted to the Attorney General;request for title I
and summary. s !
Prior to the circulation of any initiative or referendum petition for signatures, {
a draft of the petition shall be submitted to the Attorney General with a written ' +:;
request that a title and summary of the chief purpose and points of the proposed ji,
It
measure be prepared.The title and summary shall not exceed a total of 100 words. i! i
The persons presenting the request shall be known as the "proponents".
The Attorney General shall preserve the written request until after the next
general election. i 1{
(Added by Stats. 1976, c. 248, §3.) 1, it
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ij
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3503. ELECTIONS CODE 1988 l ELECTIONS CODE 1988
3503. Attorney General to prepare summary and ballot title.
Department of Finance
preparation of the fiscal e
Upon receipt of a draft of a petition, the Attorney General shall prepare a (Added by Stats. 1976,
summary of the chief purposes and points of the proposed measure.The summary
shall be prepared in the manner provided for the preparation of ballot titles in 3505. Submission at ne:
Article 5 (commencing at Section 3530) of this chapter, the provisions of which succeeding election.
in regard to the preparation, filing, and settlement of titles and summaries are If for any reason any i
hereby made applicable to the summary.The Attorney General shall provide a as provided by this article
copy of the title and summary to the Secretary of State within 15 days after receipt statewide election, such f:
of the final version of a proposed initiative measure, or if a fiscal estimate or statewide election.
opinion is to be included, within 15 days after receipt of the fiscal estimate or (Added by Stats. 1976,
opinion prepared by the Department of Finance and the Joint Legislative Budget
Committee pursuant to Section 3504. 3506. Copies of petition
If during the 15-day period,the proponents of the proposed initiative measure Immediately upon tilt
submit amendments, other than technical, nonsubstantive amendments, to the referendum petition,the f
j final version of such measure,the Attorney General shall provide a copy of the text of the measure and si
title and summary to the Secretary of State within 15 days after receipt of such
committees of each house 1
amendments.
The proponents of any initiative measure shall, at the time of submitting the Legislature that alter nothinge m
k to the m
draft of the measure to the Attorney General,pay a fee of two hundred dollars p
($200),the fee to be placed in a trust fund in the office of the State Treasurer to (Added by Stats. 1976,
I - , be refunded to the proponents if,within two years from the date the summary is 3507. Form of petition;
furnished to the proponents,the measure qualifies for the ballot.If the measure
does not qualify within that period, the fee shall be immediately paid into the Every proposed initial
across the top of the petiti
General Fund of the state. following:
. (Added by Stats. 1976, c. 248, §3;Amended by Stats. 1976, c. 1278, §1.)
(a) The summary prey
3504. State in title of initiative any change in revenue or costs to state or petition on which signatur
local government. (b) The summary prep
petition preceding the tex
Notwithstanding the provisions of Section 3503, the Attorney General, in (c)The summary Prepi-
preparing a title or summary for an initiative measure,shall determine whether (b) shall be preceded b'
the substance thereof if adopted would affect the revenues or expenditures of the submitted directly to the•
state or local government,and if he determines that it would,he shall include in (Added by Stats. 1986,
the title either the estimate of the amount of any increase or decrease in revenues
or costs to the state or local government, or an opinion as to whether or not a i 3508. Form of petition;
f substantial net change in state or local finances would result, if the proposed A.space at least one in
y initiative is adopted. i
iii: The estimates as required by this section shall be made jointly by the of every initiative petitior
'` j Department of Finance and Joint Legislative Budget Committee,who shall deliver ; Petition for the use of the
' j them to the Attorney General so that he may include them in the titles prepared (Added by Stats. 1986,
by him. r 3509. Form of petition;
The estimate shall be delivered to the Attorney General within 25 days from
Across the top of each
the date of receipt of the final version of the proposed initiative from the Attorney t
in 12-point boldface type f
General, unless in the opinion of both the Department of Finance and the Joint
1 ' Legislative Budget Committee a reasonable estimate of the net impact of the "Referendum
proposed initiative cannot be prepared within the 25-day period.In the latter case, (Added by Stats. 1976,
the Department of Finance and the Joint Legislative Budget Committee shall, 3510. Form of referend
618 within the 25-day period, give the Attorney General their opinion as to whether
or not a substantial net change in state or local finances would result if the Across the top of each
proposed initiative is adopted. i. or section of a referendun
Any statement of fiscal impact prepared by the Legislative Analyst pursuant be printed in 18 point goth
to subdivision (b) of Section 12172 of the Government Code may be used by the the nature of the petition
\`, I 76
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ELECTIONS CODE 1988
ELECTIONS CODE 1988 3510 ,'t"'
ballot t'tie. Department of Finance and the Joint Legislative Budget Committee in the 1.-
preparation of the fiscal estimate or the opinion. �'
..y General shall prepare a (Added by Stats. 1976, c. 248, §3;Amended by Stats. 1976, c. 1278, §2.)
sed measure.The summary '•
•eparation of ballot titles in 3505. Submission at next election shall not prevent submission at (:,
ter, the provisions of which succeeding election.
if titles and summaries are If for any reason any initiative or referendum measure,proposed by petition I' +,
ley General shall provide a as provided by this article, is not submitted to the voters at the next succeeding
within 15 days after receipt statewide election, such failure shall not prevent its submission at a succeeding
or if a fiscal estimate or statewide election.
ipt of the fiscal estimate or e;
the Joint Legislative Budget (Added by Stats. 1976, c. 248, §3.) ! '
3506. Copies of petition summary transmitted to the Senate and Assembly. ,,
Proposed initiative measure
Immediately upon the preparation of the summary of an initiative or ;! j
antive amendments, to the
shall a copy of the referendum petition,the Attorney General shall forthwith transmit copies of the .1
i days after providea c receipt of such text of the measure and summary to the Senate and Assembly. The appropriate
r' ,
committees of each house may hold public hearings on the subject of the measure;
provided, that nothing in this section shall be construed as authority for the it
t the time of submitting the Legislature to alter the measure or prevent it from appearing on the ballot. 1•
fee of two hundred dollars
ce of the State Treasurer to (Added by Stats. 1976, c. 248, §3.) il
)m the date the summary is ° 3507. Form of petition;Attorney General's summary placement. i ;;
)r the ballot. If the measure
Every proposed initiative measure, prior to circulation, shall have placed
immediately paid into the
across the top of the petition in 12-point or larger roman boldface type,all of theI '1;
its. 1976, c. 1278, §L) following:
(a) The summary prepared by the Attorney General upon each page of the I 1 i.
Benue or costs to state or petition on which signatures are to appear. ' 1'
(b) The summary prepared by the Attorney General upon each section of the 1
petition preceding the text of the measure.
the Attorney General, in (c)The summary prepared by the Attorney General as required by subdivision 'I {
re,shall determine whether (b) shall be preceded by the following statement: "Initiative measure to be 1 ! '
.nues or expenditures of the `
it would, he shall include in submitted directly to the voters." ;i, � Vit.
(Added by Stats. 1986, c. 1277, §5.) , f 4!
• :ase or decrease in revenues
lion as to whether or not a 3508. Form of petition;space for use of clerk.
Juld result, if the proposed ,, ki
A space at least one inch wide shall be left blank across the top of each page ; k
of every initiative petition and after the name of each voter who has signed the I '•'
11 be made jointly by the I':;
',committee,who shall deliver petition for the use of the clerk in verifying the petition. ! ,
•them in the titles prepared (Added by Stats. 1986, C. 1277, §7.) h
3509. Form of petition; referendum. II '1
;eneral within 25 days from , I
initiative from the Attorney Across the top of each page of a referendum petition, there shall be printed � '
nt of Finance and the Joint in 12-point boldface type the following: ;
e of the net impact of the "Referendum Against an Act Passed by the Legislature." # '4
ay period.In the latter case, (Added by Stats. 1976, C. 248, §3.) f
ie Budget Committee shall, 3510. Form of referendum petition. ; ''
their opinion as to whether ' ' •'•_
nances would result if the Across the top of each page after the first page of every referendum petition ;
or section of a referendum petition,which is prepared and circulated,there shall I
.egislative Analyst pursuant
be printed in 18-point gothic type a short title,in not to exceed 20 words,showing ' ;
it Code may be used by the the nature of the petition and the subject to which it relates. i+
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i § 15.45.090 ELECTIONS § 15.45.130 . § 15.45.140 INITIATIVE,REFERENDUM AND RECALL § 15.45.180
NOTES TO DECISIONScirculator of that petition,(3)the signatures were made in his actual
presence,and(4)to the best of his knowledge,the signatures are those
Cited in Boucher v.Engstrom,Sup.Ct. 1835(File Nos.4204,4220),595 P.2d 1 Op.No.1097(File No.2232),528 P.2d 456 (1979). of the persons whose names they purport to be. In determining the
(1974);Thomas v.Bailey,Sup.Ct.Op.No. sufficiency of the petition, the lieutenant governor shall not count
subscriptions on petitions not properly certified. (§ 9.13 ch 83 SLA
Sec. 15.45.090. Preparation of petition. If the application is 1960)
.1 certified,the lieutenant governor shall prescribe the form of and pre- Sec. 15.45.140. Filing of petition. The sponsors must file the
pare petitions containing(1)a copy of the proposed bill,if the number initiative petition within one year from the time the sponsors received
of words included in both the formal and substantive provisions of the notice from the lieutenant governor that the petitions were ready for
bill is 500 or less,(2)an impartial summary of the subject matter of the delivery to them,and the petition must be signed by qualified voters
bill,(3)the warning prescribed in AS 15.45.100,(4)sufficient space forequal in number to 10 per cent of those who voted in the preceding
signature and address, and(5)other specifications prescribed by the general election and resident in at least two-thirds of the election
lieutenant governor to assure proper handling and control.Petitions, districts of the state. If the petition is not filed within the one year
for purposes of circulation, shall be prepared by the lieutenant period provided for in this section,the petition has no force or effect.
governor in a number reasonably calculated to allow full circulation (§ 9.14 ch 83 SLA 1960;am§ 1 ch 128 SLA 1971)
throughout the state.The lieutenant governor shall number each peti-
tion and shall keep a record of the petition delivered to each sponsor. '
Cited in Boucher v.Engstrom,Sup.Ct.
Upon request of the committee,the lieutenant governor shall report Op.No.1097(File No.2232),528 P.2d 456
the number of persons who voted in the preceding general election. (1974)•
(§ 9.09 ch 83 SLA 1960)
Sec. 15.45.150. Review of petition.Within not more than 60 days
Sec. 15.45.100. Statement of warning.Each petition shall include of the date the petition was filed,the lieutenant governor shall review
a statement of warning that a person who signs a name other than his the petition and shall notify the initiative committee whether the peti-
own on the petition,or who knowingly signs his name more than once tion was properly or improperly filed,and at which election the proposi-
for the same proposition at one election, or who signs the petition tion shall be placed on the ballot.(§ 9.15 ch 83 SLA 1960)
I knowing he is not a qualified voter,is guilty of a class B misdemeanor.
(§ 9.10 ch 83 SLA 1960;am§ 173 ch 100 SLA 1980)
Sec. 15.45.160. Bases for determining the petition was
` Effect of amendments.—The 1980 $1,000 or by imprisonment for not more
improperly filed.The lieutenant governor shall notify the committee
J111111 amendment substituted "is guilty of a than one year,or by both"at the end of the that the petition was improperly filed if he determines(1)that there
{ class B misdemeanor"for"upon conviction section. is an insufficient number of qualified subscribers, or (2) that the
is punishable by a fine of not more than subscribers were not resident in at least two-thirds of the election
districts of the state.(§ 9.16 ch 83 SLA 1960)
Sec. 15.45.110. Circulation by sponsor. The petitions may be
r^— circulated throughout the state only by a sponsor and only in person. Sec. 15.45.170. Submission of supplementary petition. Upon
j (§ 9.11 ch 83 SLA 1960) receipt of notice that the filing of the petition was improper, the
1Sec. 15.45.120. Manner of signing and withdrawing name initiative committee may amend and correct the petition by circulating
from petition.Any qualified voter may subscribe to the petition by and filing a supplementary petition within 30 days of the date that
signing his name and address.A person who has signed the initiative
notice was given.(§ 9.17 ch 83 SLA 1960)
It petition may withdraw his name only by giving written notice to the �
lieutenant governor before the date the petition is filed.(§ 9.12 ch 83 /---'---Sec. 15.45.180. Preparation of ballot title and proposition. If
SLA 1960) the petition is properly filed,the lieutenant governor,with the assis-
tance of the attorney general,shall prepare a ballot title and proposi-
Sec. 15.45.130. Certification of sponsor.Before beingfiled,each tion.The ballot title shall, in not
more than six words,indicate the
P
petition shall be certified by an affidavit by the sponsor who personally general subject of the proposition.The proposition shall,in not more
circulated the petition.The affidavit shall state in substance that(1) than 100 words, give a true and impartial summary of the proposed
the person signing the affidavit is a sponsor,(2)the person is the only law.(§ 9.18 ch 83 SLA 1960)
/
138 139
-C �G� c .
.
iv
! INITIATIVE.AND REFERENDUM
--------------
(a) A caption of not more than 10 words
GENERAL PROVISIONS which identifies the subject matter of the meas-
ure;
250.005 Definitions. As used in this (b) A question of not more than 20 words
chapter: which plainly states the purpose of the measure,
(1)"County clerk"means the county clerk or and is phrased so that an affirmative response to
the county official in charge of elections. the question corresponds to an affirmative vote
(2)"Elector"means an individual qualified to on the measure;and
vote under section 2,Article II,Oregon Constitu- (c)A concise and impartial statement of not
tion. more than 75 words of the chief purpose of the
(3) "Measure" includes any of the following measure.
submitted to the people for their approval or (2)The ballot title shall not resemble,so far
rejection at an election: as probably to create confusion, any title pre-
(a)A proposed law. viously filed for a measure to be submitted at that
election.[1979 c.190§143;1979 c.675§1;1985 c.405§1]
Assembly.
An Act or part of an Act of the Legislative 250.039 Readability test for ballot title.
l
y For all measures,the Secretary of State by rule
(c)A revision of or amendment to the Oregon shall designate a test of readability and adopt a
Constitution. standard of minimum readability for a ballot title.
(d)Local,special or municipal legislation. The ballot title shall comply with the standard to
(e)A proposition or question. the fullest extent practicable consistent with the
requirements of impartiality, conciseness and
(4) "Prospective petition" means the infor- accuracy.[Formerly ORS 250.055]
mation, except signatures and other identifica-
tion of petition signers,required to be contained 250.040 [Repealed by 1957 c.608§231]
in a completed petition.[1979 c.190§140;1983 c.392§3] 250.041 Applicability of ORS 250.005
250.010 [Amended by 1957 c.608 §120; repealed by to 250.039 to counties and cities. ORS
1979c.190§431] 250.005 to 250.039 apply to the exercise of ini-
tiative or referendum powers:
250.015 Form of petition. The Secretary
of State by rule shall design the form of the (1)Regarding a county measure,regardless of
prospective petition, and the initiative and the anything to the contrary in the county charter or
referendum petition, including the signature ordinance.
sheets,to be used in any initiative or referendum (2) Regarding a city measure, regardless of
in this state.The secretary also shall designate by anything to the contrary in the city charter or
rule the quality of paper to be used for signature ordinance.[1983 c.514§111
sheets in order to assure the legibility of the
signatures.[1979 c.190§141;1979 c.345§1;1981 c.909§1] STATE MEASURES
250.020 [Amended by 1957 c.608§121;1961 c.121§4; 250.045 Submitting prospective peti-
1979 c.190§232;1979 c.519§17;renumbered 254.085] tion;form of petition;statement regarding
250.025 Qualifications for signers of payment of petition circulators. (1) Before
petition; removal of signatures. (1) Any circulating a petition to initiate or refer a state i
elector may sign an initiative or referendum peti- measure under section 1,Article IV,Oregon Con-
tion for any measure on which the elector is stitution,the petitioner shall file with the Secre-
entitled to vote. tary of State a prospective petition. The
(2)After an initiative or referendum petition Prospective petition for a state measure to be
is submitted for signature verification,no elector initiated shall contain a statement of sponsorship
who signed the petition may remove the signature signed by at least 25 electors.The signatures in
of the elector from the petition. [Formerly 254.160; the statement of sponsorship must be accom-
1985 c.808§24] panied by a certificate of the county clerk of each
county in which the electors who signed the
260.030 [Amended by 1957 c.608§122;1961 c.121§5; statement reside, stating the number of sig-
1979 c.190§233;1979 c.317§8a;1979 c.519§18a;renumbered
natures believed to be genuine.The Secretaryof
State shall date and time stamp the prospective
250.035 Form of ballot title. (1) The petition and specify the form on which the peti-
ballot title of any measure to be initiated or tion shall be printed for circulation. The secre-
referred shall consist of: tary shall retain the prospective petition.
781
80
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1-30-101 Elections 152 153 General Provisions 1-40-101
1-30-101 to 1-30-134. for or against said proposed law or constitutional amendment, and without
Repealed,L.80,p.439,§7,effective January I, 1981. a summary. Beginning with the first submission of a draft in any year, the
secretary of state shall call to his assistance the attorney general and the
+ director of the legislative drafting office, the three of whom, constituting a
board for such purposes, a majority controlling, shall proceed to designate
INITIATIVE AND REFERENDUM and fix a proper fair title for each such proposed law or constitutional amend-
ment, together with a submission clause, at public meetings to be held on
the first and third Wednesdays of each month,beginning at 2 p.m.,in which
a draft has been submitted to the secretary of state,with the last such meeting
ARTICLE 40 to be held the first Wednesday in May, and shall prepare a clear, concise
summary of the proposed law or constitutional amendment. The summary
shall be a true and impartial statement as to the intent of the proposed law
1 or constitutional amendment and shall not be an argument,nor likely to create
General Provisions prejudice, either for or against the measure. The board may request assis-
I-40-101. Filing procedure —title and I-40-111. Intent of general assembly. tance in the preparation of the summary from the legislative council and,
submission clause — sum- 1-40-112. Certification of ballot titles. if,in the opinion of the board,the proposed law or constitutional amendment
mary—rehearing—appeal. 1-40-113. Counting of votes—conflict- will have a fiscal impact on the state or any of its political subdivisions,shall
1-40-102. Rehearing. ing provisions. request assistance in such matter from the division of budgeting or the depart-
1-40-103. Fees—signing. 1-40-114. Publication. g ment of local affairs. The legislative council, the division of budgeting, and
1-40-104. Petition—time of filing.
1-40-115. Ordinances—effective,when
1 1-40-105. Signatures required.
—referendum. the department of local affairs shall furnish any assistance so requested,and
1-40-106. Warning—signatures—affi- 1-40-IIS. Ordinances,how proposed— the summary shall include an estimate of any such fiscal impact, together
davits—circulators. conflictingmeasures. with an explanation thereof. The title for the proposed law or constitutional
1-40-107. Form — representatives of P P P
signers. 1-40-117. Basis ofvote—procedures. amendment,which shall correctly and fairly express the true intent and mean-
I-40-108. Ballot—voting—publication. 1-40-118. Unlawfulacts—penalty. ing thereof, together with the ballot title, submission clause, and summary,
1-40-109. Affidavit—evidence—pro- 1-40-119. Enforcement.
test procedure. 1-40-120. Frequency of elections — shall be completed within two weeks after the first meeting of the board.
1-40-110. Receiving money to circulate local initiative and refer- Immediately upon completion, the secretary of state shall deliver the same
petition—penalty. endum. with the original to the parties presenting it, keeping the copy with a record
1-40-101. Filing procedure-title and submission clause-summary-rehear- of the action taken thereon. Ballot titles shall be brief,shall not conflict with
ing - appeal. (1) The original drafts of all initiative petitions for proposed those selected for any petition previously filed for the same election, and
laws or amendments to the state constitution to be enacted by the people, shall be in the form of a question which may be answered "yes" or "no"
before they are signed by the electors or any of them, shall be submitted and which shall unambiguously state the principle of the provision sought
by the proponents of the petition to the directors of the legislative council i to be added,amended,or repealed.
•
and the legislative drafting office for review and comment. Upon request, (3) If any persons presenting such initiative petition are not satisfied with
any agency in the executive department shall render assistance in reviewing , the titles,submission clause,and summary thus provided and claim that they
and preparing comments on the petition. No later than two weeks after the are unfair or that they do not fairly express the true meaning and intent of
date of submission of the original draft,unless it is withdrawn by the propo- the proposed law or constitutional amendment,within forty-eight hours after
nents,the directors of the legislative council and the legislative drafting office its return, they may file a motion with the secretary of state for a rehearing,
shall render their comments to the proponents of the petition concerning the which shall be passed upon by the board within forty-eight hours thereafter,
format or contents of the petition at a meeting open to the public.Such com- and, if overruled, upon their request, a certified copy of said petition with
ments shall not be disclosed to other than the proponents prior to such public the titles, submission clause,and summary of such proposed law or constitu-
meeting with the proponents of the petition. After the public meeting but tional amendment,together with a certified copy of such motion for rehearing
before submission to the secretary of state for title setting, the proponents and of the ruling thereon, shall be furnished them by the secretary of state
may amend the petition in response to some or all of the comments of the and, if filed with the clerk of the supreme court within five days thereafter,
directors of the legislative council and the legislative drafting office. shall be docketed as a cause there pending,which shall be placed at the head
(2)After the conference provided in subsection(I)of this section,the orig- of the calendar and disposed of summarily, either affirming the action of
inal or amended drafts, as the case may be, shall be submitted with a copy the board or reversing it, in which latter case the court shall remand it with
thereof to the secretary of state without any title,submission clause,or ballot instructions,pointing out wherein said board is in error.
title providing the designation by which the voters shall express their choice
SUBCHAPTER III.* -- INITIATIVE AND REFERENDUM PROCESS; RECALL PROCESS
§1-1320. Initiative and referendum process.
(a) (1) Any registered qualified elector, or electors of the District of
Columbia, who desire to submit a proposed initiative measure to the
electors of the District of Columbia, or who desire to order that a
referendum be held on any act, or on some part or parts of an act, that
has completed the course of the legislative process within the District
of Columbia government in accordance with section 1-227(e), shall file
with the Board five (5) printed or typewritten copies of the full text
of the measure, a summary statement of not more than one hundred (100)
words, and a short title of the measure to be proposed in an initiative,
or of the act or part thereof on which a referendum is desired.
(2) The proposed initiative measure, or the act or part thereof, on '
which a referendum is desired shall be accompanied by:
(A) The name and address of the proposer; and
(B) An affidavit that the proposer is a registered qualified
elector of the District of Columbia.
(b) (1) Upon receipt of each proposed initiative or referendum measure, the
Board shall refuse to accept the measure if the Board finds that it is
not a proper subject of initiative or referendum, whichever is applic-
able, under the terms of title IV of the District of Columbia Self-
Government and Governmental Reorganization Act, or upon any of the fol-
lowing grounds:
(A) The verified statement of contributions has not been filed
pursuant to §§1-l414 and 1-1416;
(B) The petition is not in the proper form established in subsec-
tion (a) of this section;
(C) The measure authorizes, or would have the effect of authori-
zing, discrimination prohibited under Chapter 24 of this title; or
(D) The measure presented would negate or limit an act of the
Council of the District of Columbia pursuant to section 47-304.
(2) In the case of refusal to accept a measure, the Board shall endorse
on the measure the words "received but not accepted" and the date, and
retain the measure pending appeal. If none of the grounds for refusal
exists, the Board shall accept the measure.
(3) If the Board refuses to accept any initiative or referendum measure
submitted to it, the person or persons submitting such measure may apply,
within ten days after the Board's refusal to accept such measure, to the
Superior Court of the District of Columbia for a writ in the nature of
mandamus to compel the Board to accept such measure. The Superior Court
of the District of Columbia shall expedite consideration of the matter.
If the Superior Court of the District of Columbia determines that the
issue presented by the measure is a proper subject of initiative or
* SUBCHAPTER designation and caption under Elections inserted by the General
Counsel for reader assistance and reference.
- 27 -
623
92 WYOMING ELECTION CODE WYOMING
not apply with reference to an act passed previous to January 22-24-123. Penalty. Any peri
1, 1973, if the application is filed prior to June 10, 1973. on a petition for initiative or on a
22-24-117. Ballot proposition; preparation and contents. If the petition
ly signs his name more than once
is properly filed, the secretary of state, with the assistance of the attorney tion, or who signs such petition kr
general, shall prepare a ballot proposition. The ballot proposition shall give voter, or who makes a false affi
a true and impartial summary of the proposed law or of the referred act and imprisoned
shall be fined not mon
shall make provision for approval and for disapproval thereof. imprisoned for not more than or
22-24-118. Same; procedure for placing on ballot. The same procedure CH
for placing constitutional amendment questions on the ballot, excluding the
advertisement thereof, shall be used to place the initiative or referendum bal- CAMPAI
lot proposition on the ballot.
22-25-101. Definitions; state!
22-24-119. Same; when placed on ballot. (a) As used in W.S. 22-25-1
(a) The ballot proposition for an initiative shall be placed on the elec- (i) "Political action cc
tion ballot of the first statewide general election that is held after: more persons organ
(i) The petition is filed; associated for the
(ii) A legislative session has convened and adjourned; and money for use in th
(iii) A period of one hundred twenty (120) days has expired since for public office, tfc
the adjournment of the legislative session. If the attorney general or referendum pei
determines that an act of the legislature enacted after the peti- any ballot proposii
tion is filed is substantially the same as the proposed law, the (ii) "Candidate's camp
petition shall be void and the ballot proposition shall not be (2) or more person
placed on the election ballot, and the secretary of state shall ing, collecting or e;
so notify the committee.
election of a specif
(b) The ballot proposition for a referendum shall be placed on the elec- one (1) committee
tion ballot of the first statewide general election held more than one hundred date shall designate
eighty(180)days after adjournment of the legislative session at which the act i shall mi
was passed. shall organcapaizegn andcon
22-24-120. Enactment of initiated measure; act rejected by referendum. (b) A political action comm
(a) If votes in an amount in excess of fiftyshall file a statement of formatio
in the precedingIf percent (50%) of those voting filing is required when any politic
general election are cast in favor of adoption of an initiated committee is formed, whether b
measure, the proposed law shall be enacted, and the secretary of state shall
so certify. The act shall become effective ninety (90) days after certification. formed after an election to defr
and treasurer of a committee sha
624 (b) If votes in an amount in excess of fifty percent (50%) of those vot- formation shall list the name ar
ing in the preceding general election are cast in favor of rejection of an act
referred, the act is rejected, and the secretary of state shall so certify. The and residenceoaddress of the co(
mittee formed and the purpose c
act rejected by referendum is void thirty (30) days after certification. specific candidates which it will s
22-24-121. Insufficiency of application or petition. An initiative or a to the statement of formation v
referendum submitted to the voters shall not be void because of the insuffi- office sought and party affiliatic
ciency of the application or petition by which the submission was procured. in those offices as provided by
2224-122. Action for review of determination. Any person aggrieved by 22-25-102. Contribution of
any determination made by the secretary of state or by the attorney general talion on contributions; right t•
may bring an action in the District Court of Laramie County to have the de- (a) Except as provided by s;
termination reviewed by filing application within thirty (30) days of the date of any kind including corpora
on which notice of the determination was given. association or civic, frataernal or re
1
, . it,)2 shimpfrent &74:'971-0
• Chapter 29.80 RCW
CANDIDATES' PAMPHLET '
Sections general, superintendent of public instruction, commis-
29.80.010 Contents—Publication. sioner of public lands, insurance commissioner, state
29.80.020 Statement and photograph filed by nominee,date. senator, state representative, justice of the supreme
29.80.030 Rejection of statements containing obscene,libelous, court,judge of the court of appeals, or judge of the su-
etc.,language—Certain insignias,uniforms prohib- 1 g
su-
ited in photographs—Board of review,appeal by perior court may file with the secretary of state a written
nominee, statement advocating his or her candidacy accompanied
29.80.040 Publication,date—Dimensions—Consolidation by the campaign mailing address and telephone number
with voters'pamphlet. submitted bythe nominee at the nominee's option, and a
allocations.
cations. Photo
29.80.050 Chargesto nominees for space—Minimum space h not more than five years old and of a size
photograph
29.80.060 Classification and distribution by county—Order of and quality that the secretary of state determines to be
appearance in pamphlet. suitable for reproduction in the voters' pamphlet. The
29.80.070 Rules and regulations.
29.80.080 Taped and braille transcripts. maximum number of words for the statements shall be
29.80.090 Additional information, determined according to the offices sought as follows:
Voters'pamphlet:Chapter 29.81 RCW. State representative, one hundred words; state senator,
judge of the superior court, judge of the court of ap-
RCW 29.80.010 Contents—Publication. As soon peals, justice of the supreme court, and all state offices
as possible before each state general election at which voted upon throughout the state, except that of governor,
federal or state officials are to be elected, the secretary two hundred words; United States senator, United States
of state shall publish and mail to each individual place. representative, and governor, three hundred words. No
of residence of the state a candidates' pamphlet contain- such statement or photograph may be printed in the
ing photographs and campaign statements of eligible candidates' pamphlet for any person who is the sole.
nominees who desire to participate therein,together with nominee for any nonpartisan or judicial office. [1984 c
a campaign mailing address and telephone number sub- 54 § 2; 1971 ex.s. c 145 § 1; 1971 c 81 § 78; 1965 c 9 §
mitted by the nominee at the nominee's option, and in 29.80.020. Prior: 1959 c 329 § 20.]
even–numbered years containing a description of the of- Severability-1984 c 54:See note following RCW 29.80.010.
Tice of precinct committee officer and its duties, in order Severability-1971 exs a 145: 'If any provision of this 1971
that voters will understand that the office is a state of- amendatory act, or its application to any person or circumstance is
lice and will be found on the ballot of the forthcoming held invalid, the remainder of the act,or the application of the provi-
sion to other persons or circumstances is not affected.' [1971 ex.s. c
general election. In odd–numbered years no candidates' 145§8.]
pamphlet may be published unless an election is to be
held to fill a vacancy in one or more of the following RCW 29.80.030 Rejection of statements containing
state–wide elective offices: United States senator, gover- obscene, libelous, etc., language--pertain insignias,
nor, lieutenant governor, secretary of state, state trea- uniforms prohibited in photographs—Board of review,
surer, state auditor, attorney general, superintendent of appeal by nominee. (1) The secretary of state shall reject
public instruction, commissioner of public lands, insur- any statement offered for filing, which, in his opinion,
ance commissioner, or justice of the supreme court. contains any obscene, profane, libelous or defamatory
[1987 c 295 § 17; 1984 c 54 § 1; 1977 ex.s. c 361 § 106; matter, or any language or matter, the circulation of
1975–'76 2nd ex.s. c 4 § 2; 1973 c 4 § 8; 1965 c 9 § 29- which through the mails is prohibited by congress. Nor
.80.010. Prior: 1959 c 329 § 19.] shall any nominee submit a photograph showing the
Severability-1984 c 54: 'If any provision of this act,or its appli- uniform or insignia of any organization which advocates
cation to any person or circumstance is held invalid, the remainder of or teaches racial or religious intolerance.
the act,or the application of the provision to other persons or circum- (2) Within five days after such rejection the persons
stances is not affected.' [1984 c 54§8.]
Effective date—Severability-1977 ex.s. c 361: See notes fol- submitting such statement for filing may appeal to a
lowing RCW 29.01.006. board of review, consisting of the superintendent of pub-
lic instruction, attorney general and the lieutenant
RCW 29.80.020 Statement and photograph filed by governor. The decision of such board shall be final upon
nominee, date. At a time to be determined by the secre- the acceptance or rejection of the matter thus in contra
tary of state, but in any event not later than forty–five versy. [1979 ex.s. c 57 § 4; 1965 c 9 § 29.80.030. Prior:
days before the applicable state general election, each 1959 c 329 § 21.] 625
nominee for the office of United States senator, United.
States representative, governor, lieutenant governor, sec- RCW 29.80.040 Publication, date—Dimen-
retary of state, state treasurer, state auditor, attorney ' sions—Consolidation with voters' pamphlet. The nomi-
nees' statements, photographs, and the addresses and
(1988 Laws) [Ch.29.80 RCW—p I]
Candidates'
29.80.040 Pamphlet
telephone numbers submitted by them as set forth in General•election ballots—Form: RCW 29.30.091, 29.30.390.
shall bepublished bythe
29.30.490.
RCW 29.80.010 and 29.80.020 (
secretary of state as a candidates' pamphlet, the printing RCW 29.80.070 Rules and regulations. The secre-
of which shall be completed as soon as possible before tary of state, as chief election officer, shall make rules
the state general election concerned. The overall dimen- and regulations, not inconsistent with this chapter, to
sions of the pamphlet shall be determined by the secre- facilitate and clarify any procedures contained herein.
tary of state as those which in the secretary's judgment
[1965 c 9 § 29.80.070. Prior: 1959 c 329 § 25.]
best serve the voters, and whenever possible the candi-
dates' pamphlet shall be combined with the voters' pam- RCW 29.80.080 Taped and braille transcripts. The
phlet as a single publication. [1984 c 54 § 3; 1971 ex.s. c secretary of state shall mail without charge taped tran-
145 § 2; 1965 c 9 § 29.80.040. Prior: 1959 c 329 § 22.] scripts of the candidates' pamphlet to any requesting
Severability-1984 c 54:See note following RCW 29.80.010. blind person or organization representing the blind.
Severability-1971 ex.s. c 145: Scc note following RCW Braille transcripts may also be mailed by the secretary
29.80.020. of state to such persons or organizations. Availability of
Voters' pamphlet:Chapter 29.81 RCW. these transcripts shall be publicized by the secretary of
RCW 29.80.050 Charges to nominees for space—
appropriate means. [1981 c 243 § 1.]
state through public service announcements and other
Minimum space allocations. Nominees shall pay for their
prorated space in the candidates' pamphlet allocated ac- RCW 29.80.090 Additional information. In addition
cording to the respective offices sought as follows: to other contents included in the candidates' pamphlet,
(1) For United States senator, United States repre- the secretary of state shall prepare and include a section
sentative and governor, each shall pay two hundred dol- containing (1) a brief explanation of how voters may
lars. The nominees for each position shall equally share participate in the election campaign process; (2) the
no less than two full pages. name, address, and telephone number of each political
(2) For all state offices voted upon throughout the party that has one or more nominees listed in the candi-
state, except for that of governor, each shall pay one dates' pamphlet, but this information shall be included
hundred dollars. The nominees for each position shall in the candidates' pamphlet only if and as filed with the
equally share no less than one full page. secretary of state by the state committee of a major po-
(3) For state senator, judge of the court of appealslitical party or the presiding officer of the convention of
and judge of the superior court, each shall pay fifty dol- a minor political party; (3) the address and telephone
lars. The nominees for each position shall equally share number of the public disclosure commission established
no less than one full page. under RCW 42.17.350; (4) a summary of the disclosure �•
(4) For state representative, each shall pay twenty– requirements that apply when contributions are made to
five dollars. The nominees for each position shall equally candidates and political committees; and (5) an expla-
share no less than one–half page. nation of the federal income tax credits and deductions
All such payments shall be made to the secretary of that are available to persons who make such contribu-
state filing when the statement is offered to him o g and tions. Whenever the candidates' pamphlet is combined
be transmitted by him to the public printer to be used as with the voters' pamphlet, the section shall be placed at
a credit offset to the cost of printing the candidates' and or near the beginning of the combined publication.
voters' pamphlet. [1984 c 54 § 7.]
Nominees for president and vice president of each po-
litical party certified by the secretary of state shall to- Severability-1984 c 54:Scc note following RCW 29.80.010.
gether be entitled to one page without charge. Each such
page so allocated shall not contain more than five hun-
dred words in addition to the pictures of the nominees
concerned. [1971 ex.s. c 145 § 3; 1965 c 9 § 29.80.050.
Prior: 1959 c 329 § 23.]
Severability-1971 ex.s. c 145: See note following RCW
29.80.020.
RCW 29.80.060 Classification and distribution by
county—Order of appearance in pamphlet. Whenever
practical, the secretary of state shall cause the pamph-
lets to be printed so that no candidate's picture or state-
ment shall be included in the copy of the pamphlet going
to any county where such candidate is not to be voted
for. 626
The candidates' photographs and statements shall ap-
pear in the pamphlet in the same sequence as the posi-
tions sought appear on the state general election ballot. _
[1965 c 9 § 29.80.060. Prior: 1959 c 329 § 24.]
[Ch.29.80 RCW—p 21 (1988 Laws)
1
• Chapter 29.81 RCW
VOTERS' PAMPHLET
Sections (f) A heavy double ruled line across both pages to
29.81.010 Contents,how organized. clearly set apart the above items from the remaining
29.81.011 Telephone number,date submitted. text.
29.81.012 Application forms for absentee ballots included.
29.81.014 Information on precinct caucuses and presidential (2) Upon the lower portion of the left page of the two
nominations. facing pages shall appear an argument advocating the
29.81.020 Explanatory statement by attorney general,appeal.ju- voters' approval of the measure together with any rebut-
dicial statement—Arguments and rebuttal state- tal statement of the opposing argument as provided in
mens by committees. RCW 29.81.030 29.81.040, or 29.81.050.
29.81.030 Preparation of arguments advocating approval of consti- +
tutional amendment,referendum bill—Committee (3) Upon the lower portion of the right hand page of
membership. the two facing pages shall appear an argument advocat-
29.81.040 Preparation of arguments advocating rejection of consti- ing the voters' rejection of the measure together'with
tutional amendment,referendum bill—Committee
membership. any rebuttal statement of the opposing argument as pro-
29.81.042 Time for submission of arguments to secretary of state. vided in RCW 29.81.030, 29.81.040, or 29.81.050.
29.81.043 Transmittal of arguments to committees—Rebuttal (4) Following each argument or rebuttal statement
arguments. each member of the committee advocating for or against
29.81.050 Initiatives and referendums—Arguments and rebut-
tals by committees for and against. a measure shall be listed by name and address to the end
29.81.052 Time for submission of arguments to secretary of state. that the public„shall be fully apprised of the advocate's
29.81.053 Transmittal of arguments to committees—Rebuttal identity. Also, following each argument or rebuttal
arguments. statement, the secretary of state shall list, at the option
29.81.060 Committees—Chairmen,advisory members,
vacancies. of the committee that submitted the argument or state-
29.81.070 Rules and regulations by secretary of state. ment, a telephone number that citizens may call in order
29.81.080 Manner and style of printing proposed constitutional to obtain information on the ballot measure.
amendments. (5) At the conclusion of the pamphlet the full text of
29.81.090 Refusal of arguments containing obscene,libelous,trea-
sonable,etc.,language—Board of censors,appeal by each of the measures shall appear. The text of the pro-
committee. posed constitutional amendments shall be set forth in the
29.81.100 Publication of pamphlets—Arrangement of material. form provided for in RCW 29.81.080. [1984 c 54 § 4;
29.81.110 Order of measures and arguments. 1973 1st ex.s. c 143 § 1; 1965 c 9 § 29.81.010. Prior:
29.81.120 Printing specifications and make–up of measures and 1959 c 329 § 1. Formerly RCW 29.79.3502.]
arguments.
29.81.130 Costs of printing and binding. Severability-1984 c 54:See note following RCW 29.80.010.
29.81.140 Distribution to voters. Publicity of law, parts of law, and amendments to Constitution re-
29.81.150 Distribution to officers and institutions.
29.81.160 Distribution costs—How paid. (erred to people:State Constitution Art. 2§ 1(e)(Amendment 36).
29.81.170 Candidates'pamphlet—Publication,date—Dimen-
sions—Consolidation with voters'pamphlet. RCW 29.81.011 Telephone number, date submitted.
29.81.180 Taped and braille transcripts. Any telephone number to be printed in a voters' pam-
Candidates'pamphlet:Chapter 29.80 RCW. phlet at the option of a committee, as described in RCW
29.81.010(4), must be submitted by the fifteenth day of
RCW 29.81.010 Contents, how organized. The vot- August preceding the election for which the pamphlet is
ers' pamphlet shall contain as to each state measure to published. [1984 c•54 § 5.]
be voted upon, the following in the order set forth in this
Severability-1984 c 54:Sce note following RCW 29.80.010.
section: •
(I) Upon the top portion of the first two opposing RCW 29.81.012 Application forms for absentee bal-
pages relating to the measure and not exceeding one— lots included. In addition to any other contents required
third of the total printing area shall appear: by this chapter, every voters' pamphlet published shall
(a) The legal identification of the measure by serial contain an application form for a state general election
designation and number; absentee ballot. Upon receipt of the form from a quali-
(b) The official ballot title of the measure; Pied applicant for an absentee ballot, the appropriate
(c) A brief statement explaining the law as it pres- election officer shall send the applicant an absentee bal-
ently exists; lot. [1984 c 54 § 6; 1969 ex.s. c 72 § I.]
(d) A brief statement explaining the effect of the pro- 627
posed measure should it be approved into law; Severability-1984 c 54:See note following RCW 29.80.010.
(e) The total number of votes cast for and against the
measure in both the state senate and house of represen- RCW 29.81.014 Information on precinct caucuses
tatives if the measure has been passed by the legislature; and presidential nominations. (1) In each odd—numbered
year immediately preceding a year in which a president
(1988 Laws) (Ch.29.81 RCW—p 1)
29.81.014 Voters' Pamphlet
i
of the United States is to be nominated and elected, the be the arguments and rebuttal statements and no other
voter's pamphlet shall contain an insert or a detachable arguments or rebuttal statements shall appear in the
section explaining the precinct caucus and convention pamphlet as to such measure. Arguments may contain
process utilized by each major political party to elect graphs and charts, supported by factual statistical data
delegates to its national presidential candidate nominat- and pictures or other illustrations, but cartoons or cari-
ing convention. The information to be provided shall in- catures shall not be permitted. [1973 1st ex.s. c 143 § 2;
elude, but not be limited to: (a) The dates of precinct 1965 c 9 § 29.81.020. Prior: 1959 c 329 § 2. Formerly
caucuses, (b) instructions as to how to ascertain the RCW 29.79.3506.]
names of current precinct committeepersons, precinct
caucus chairpersons, the locations of precinct caucus RCW 29.81.030 Preparation of arguments advocat-
meeting places, and the dates of county, district, and ing approval of constitutional amendment, referendum
state conventions, (c) a description of the rules of proce- bill—Committee membership. Arguments advocating
dure which will be used at caucuses and conventions, (d) voters' approval of any proposed constitutional amend-
the formulas utilized to allocate delegates elected at ment or referendum bill shall be composed and submit-
caucuses and conventions, and (e) a description of the ted for printing by a committee created as follows: The
other actions which may be taken at the caucuses and presiding officer of the state senate shall appoint one
conventions in addition to selecting delegates. The con- state senator known to favor the measure and the pre-
tent and format of this section of the voter's pamphlet siding officer of the house of representatives shall ap-
shall be established by the secretary of state after con- point one state representative known to favor the
sulcation with the chairperson of the state central corn- measure. The two persons so appointed shall appoint a
mittee of each major political party, or his or her third member to the committee who may or may not be
designated representative. a member of the legislature. If no member of the legis-
(2) The voter's pamphlet shall also provide a descrip- lature can be enlisted to serve on such committee, then a
tion of the statutory procedures by which minor political committee composed of the secretary of state, the pre-
parties are formed and the statutory methods utilized by siding officer of the senate, and the presiding officer of
such parties to nominate candidates for president. The the house of representatives shall appoint any persons
content and format of this description shall be estab- who are, in their judgment, qualified to serve in such
lished by the secretary of state. [1977 c 56 § 1.] capacity. [1973 1st ex.s. c 143 § 3; 1965 c 9 § 29.81.030.
Prior: 1959 c 329 § 3. Formerly RCW 29.79.3510.]
RCW 29.81.020 Explanatory statement by attorney
general, appeal, judicial statement Arguments and RCW 29.81.040 Preparation of arguments advocat- ,
rebuttal statements by committees. (1) The attorney ing rejection of constitutional amendment, referendum
general shall prepare the explanatory statements re- bill—Committee membership. Arguments advocating
quired to be presented on the top portion of the two fac- voters' rejection of any proposed constitutional amend-
ing pages relating to each measure. Such statements ment or referendum bill passed by the legislature and
shall be prepared in clear and concise language and shall referred to the people for final decision and rebuttal
avoid the use of legal and other technical terms insofar statements of arguments advocating approval of such
as possible. Any person dissatisfied with the explanatory measures shall be composed and submitted for printing
statement so prepared may at any time within ten days by a committee created as follows: The presiding officer
from the filing thereof in the office of the secretary of of the state senate shall appoint one state senator and
state appeal to the superior court of.Thurston county by the presiding officer of the house of representatives shall
petition setting forth the measure, the explanatory state- appoint one state representative. Whenever possible, the
ment prepared by the attorney general, and his objection two persons so appointed shall be known to have opposed
thereto and praying for the amendment thereof. A copy the measure and they shall appoint a third member to
of the petition and a notice of such appeal shall be the committee who may or may not be a member of the
served on the secretary of state and the attorney general. legislature. If no member of the legislature can be en-
The court shall, upon filing of the petition, examine the listed to serve on such committee, then a committee
measure, the explanatory statement, and the objections composed of the secretary of state, the presiding officer
thereto and may hear argument thereon and shall, as of the house and the presiding officer of the senate shall
soon as possible, render its decision and certify to and appoint any persons who are, in their judgment, quali-
file with the secretary of state such explanatory state- fled to serve in such capacity. [1973 1st ex.s. c 143 § 4;
ment as it determines will meet the requirements of this 1971 ex.s. c 145 § 4; 1965 c 9 § 29.81.040. Prior: 1959 c
chapter. The decision of the superior court shall be final 329 § 4. Formerly RCW 29.79.3514.]
and its explanatory statement shall be the established Severability-1971 ex.s. c 145: Sec note following RCW .
explanatory statement. Such appeal shall be heard with- 29.80.020.
out costs to either party.
(2) Arguments and rebuttal statements advocating the RCW 29.81.042 Time for submission of arguments
628 voters' approval or rejection of any measure shall be to secretary of state. The committees appointed to corn-
prepared and submitted for printing by the committees pose thearguments to appear in the voters' pamphlet
created pursuant to RCW 29.81.030, 29.81.040 and 29- pursuant to RCW 29.81.030 and 29.81.040 shall submit
.81.050. Such arguments and rebuttal statements shall such arguments, not to exceed two hundred fifty words
(Ch.29.81 RCW—p 21 (1988 Laws)
Voters' Pamphlet ' 29.81.080
in length, to the secretary of state no later than the first RCW 29.81.052 Time for submission of arguments
day of June preceding the election at which the mea- to secretary of state. The committees appointed to corn-
sures will appear. In the event that a committee ap- pose the arguments to appear in the voters' pamphlet
pointed pursuant to RCW 29.81.030 or 29.81.040 fails pursuant to RCW 29.81.050 shall submit such argu-
to submit its argument prior to the first day of June ments, not to exceed two hundred fifty words in length,
preceding the election, the secretary of state, the presid- no later than the last day of July preceding the election
ing officer of the house of representatives, and the pre-, at which the measures will appear. [1973 1st ex.s. c 143
siding officer of the state senate shall appoint any § 8.]
persons who are, in their judgment, qualified to compose
such an argument. Any additional committee so ap- RCW 29.81.053 Transmittal of arguments to com-
pointed shall have until the last day of June preceding mittees—Rebuttal arguments. On or before the first
the election on the measure to compose and submit the day of August preceding the election, the secretary of
appropriate argument. [1973 1st ex.s. c 143 § 6.] state shall transmit each argument submitted advocating
approval of an initiative measure or any act passed by
RCW 29.81.043 Transmittal of arguments to com- the legislature and referred to the people by referendum
mittees—Rebuttal arguments. On or before the first petition to the committee appointed to compose the ar-
day of July preceding the election, the secretary of state gument against the same measure and transmit each ar-
shall transmit each argument submitted advocating ap- gument submitted advocating rejection of an initiative
proval of a constitutional amendment or referendum bill measure or any act passed by the legislature and re-
to the committee appointed to compose the argument ferred to the people by referendum petition to the corn-
against the same measure and transmit each argument mittee appointed to compose the argument in favor of
submitted advocating rejection of a constitutional the measure. The committees concerned may submit re-
amendment or referendum bill to the committee ap- buttal arguments not to exceed seventy–five words in
pointed to compose the argument in favor of the same length addressing statements made by the opposing
measure. The committees concerned may submit rebut- committee, but interjecting no new issue no later than
tal arguments, not to exceed seventy–five words in the fifteenth day of August preceding the election at
length, addressing statements made by the opposing which the measure is to appear. [1973 1st ex.s. c 143 §
committee, but interjecting no new issue no later than 9.]
the fifteenth day of July preceding the election at which
the measure is to appear. [1973 1st ex.s. c 143 § 7.] RCW 29.81.060 Committees—Chairmen, advisory
members, vacancies. Committees created pursuant to
RCW 29.81.050 Initiatives and referendums RCW 29.81.030, 29.81.040 and 29.81.050 shall elect
Arguments and rebuttals by committees for and against. from their members a chairman to conduct the business
Arguments advocating voters' approval of any initiative of the committee. Each committee may name other per-
measure or any act passed by the legislature and re- sons, not to exceed five, to serve as advisory committee
ferred to the people by referendum petition and rebuttal members without vote.
statements of arguments advocating rejection of such In the event of a vacancy or vacancies in one of the
measures shall be composed and submitted for printing committees, the remaining committee members or mem-
by a committee created as follows: ber, shall fill such vacancy or vacancies by appointment.
The presiding officer of the state senate,the presiding Should any vacancy not be filled within fifteen days af-
officer of the house of representatives, and the secretary ter it first occurs, the secretary of state shall fill such
of state shall together appoint two persons known to fa- vacancy by appointment. [1965 c 9 § 29.81.060. Prior:
vor the measure to serve on the committee. The two 1959 c 329 § 6. Formerly RCW 29.79.3522.]
persons so appointed shall appoint a third person to the .
committee. RCW 29.81.070 Rules and regulations by secretary
Arguments advocating voters' rejection of any initia- of state. The secretary of state shall promulgate such
tive measure or any act passed by the legislature and re- rules and regulations as may be necessary to facilitate
ferred to the people by referendum petition and rebuttal the provisions of this chapter including but not limited to
statements of arguments advocating approval of such the setting of final dates for the appointment of corn-
measures shall be composed and submitted for printing mittees, for the filing of arguments and explanatory
by a committee created as follows: statements with his office, and for filing with his office a
The presiding officer of the state senate, the presiding notice of any judicial review concerning the provisions of
officer of the house of representatives, and the secretary this chapter. [1965 c 9 § 29.81.070. Prior: 1959 c 329 §
of state shall together appoint two persons to serve on 7. Formerly RCW 29.79.3526.]
the committee. Whenever possible, the two persons so
appointed shall be known to have opposed the measure. RCW 29.81.080 Manner and style of printing pro-
The two persons so appointed shall appoint a third per- posed constitutional amendments. Any proposed consti-
son to the committee. [1973 1st ex.s.c 143 § 5; 1965 c 9, tutional amendment which amends any part of the
§ 29.81.050. Prior: 1959 c 329 § 5. Formerly RCW Constitution as it then exists shall be set forth in the 629
29.79.3518.] following form: All deleted matter shall be set in italics
- and enclosed in brackets and all new material shall be
(198X Laws) (Ch.29.81 RCW—p 31
29.81.080 Voters' Pamphlet
underlined and there shall appear in bold face type be- (2) ' Those "Proposed to the People by the
tween the caption and the body of the amendment, the Legislature";
following statement: "All words printed in italics are in (3) Those "Proposcd to the Legislature and Referred
the Constitution at the present and are being taken out to the People";
by this amendment. All words underscored do not ap- (4) Those-"Initiated by Petition and Alternative by
pear in the Constitution as it now is written but will be the Legislature";
put in if this amendment is adopted.": Provided, That if (5) "Amendments to the Constitution Proposed by the
in the opinion of the secretary of state the proposed Legislature"; and
amendment is so extensive that the foregoing method is (6) "Measures Recommending Constitutional Con-
not practical then, in that case, the section of the Con- ventions". [1965 c 9 § 29.81.110. Prior: 1959 c 329 § 11;
stitution as it stands at the time of the election and the prior: 1917 c 30 § 1, part; 1913 c 138 § 27, part; RRS §
Constitution as it will appear if amended shall be printed 5423, part. Formerly RCW 29.79.380.]
on facing pages headed in bold face type by the words
"the Constitution as it is before amendment" and "the RCW 29.81.120 Printing specifications and make-
Constitution as it will be if amended [1965 c 9 § 29- up of measures and arguments. All measures and argu-
.81.080. Prior: 1959 c 329 § 8. Formerly RCW aments ccording shall
be
rimed angd bound specifications:
ain a single pamphlet
29.79.3530.]
(1) It shall be printed in clear readable type;
' RCW 29.81.090 Refusal of arguments containing (2) The pamphlet shall be of such size and be printed
obscene, libelous, treasonable, etc., language—Board on a quality and weight of paper which in the judgment
of censors, appeal by committee. If in the opinion of the of the secretary of state best serves the voters.
secretary of state any argument offered for filing con- It shall be the duty of the secretary of state to publish
tains any obscene, vulgar, profane, scandalous, libelous, in such pamphlets a table of contents and a brief alpha-
defamatory, or treasonable matter, or any language betical index of subjects. [1971 ex.s. c 145 § 6; 1965 c 9
tending to provoke crime or a breach of the peace, or § 29.81.120. Prior: 1959 c 329 § 12; prior: 1917 c 30 §
any language or matter the circulation of which through 1, part; 1913 c 138 § 27, part; RRS § 5423, part. For-
the mails is prohibited by any act of congress, the secre- merly RCW 29.79.300.]
tary of state shall refuse to file it: Provided, That the Severability-1971 ex.s. c 145: Scc note following RCW
committee submitting such argument for filing may ap- 29.80.020.
peal to a board of censors consisting of the lieutenant
governor, the attorney general and the superintendent of RCW 29.81.130 Costs of printing and binding. The
public instruction, and the decision of a majority of such cost of printing and binding such pamphlets including
board shall be final. [1979 ex.s. c 57 § 5; 1965 c 9 § 29- the printing of arguments shall be paid from the moneys '
.81.090. Prior: 1959 c 329 § 18; prior: 1933 c 144 § 4, appropriated for printing for the secretary of state.
part; 1929 c 130 § 1, part; 1913 c 138 § 26, part; RRS § [1965 c 9 § 29.81.130. Prior: 1959 c 329 § 13; prior:
5422, part. Formerly RCW 29.79.360.] 1917 c 30 § 1, part; 1913 c 138 § 27, part; RRS § 5423,
part. Formerly RCW 29.79.400.]
RCW 29.81.100 Publication of pamphlets—Ar-
rangement of material. As soon as possible prior to any RCW 29.81.140 Distribution to voters. As soon as
state general election at which any initiative measure, possible before any election at which initiative or refer-
referendum measure, or amendment to the state Consti- endum measures, referendum bills, proposed constitu-
tution is to be submitted to the people, the secretary of tional amendments, or any other state measures are to
state shall cause to be printed in pamphlet form a true be submitted to the people, the secretary of state shall
copy of the serial designation or number, the ballot title, transmit, by mail with postage fully prepaid, one copy of
the.legislative title, if any, the full text of and the argu- the pamphlet to each individual place of residence in the
ments for and arguments against each such measure to state and shall make such additional distribution as he
be submitted to the people, and such other information shall deem necessary to reasonably assure that each
pertaining to elections as may be required by law or in voter will have an opportunity to study the measures
the judgment of the secretary of state is deemed infor- prior to election. [1971 ex.s. c 145 § 7; 1965 c 9 § 29-
mative to the voters. [1973 c 4 § 9; 1971 ex.s. c 145 § 5; .81.140. Prior: 1913 c 138 § 29, part; RRS § 5425, part.
§329prior: 1917 Formerly c 9 § 29.81.100. Prior: 1959 c 10; RCW 29.79.410.]
c 30 § 1, part; 1913 c 138 § 27, part;•RRS § 5423, part. Severability-1971 ex.s. c 145: Sce note following RCW
Formerly RCW 29.79.370.] 29.80.020.
Severability-1971 ex.s. c 145: Sce note following RCW
29.80.020. RCW 29.81.150 Distribution to officers and institu-
tions. The secretary of state shall transmit by the least
RCW 29.81.110 Order of measures and arguments. expensive means, copies of the pamphlet as follows:
All measures and arguments shall be printed in the fol- (1) Two copies to:
630 lowing order: Each state officer and each member of a state board;
(1) Those "Proposed by Initiative Petition"; Each county officer;
Each judge of the supreme and superior courts;
•
[Ch.29.81 RCW—p 41 (1988 Laws)
Voters' Pamphlet 29.81.180
Each public library;
Each member of the legislature;
(2) Three copies to:
Each voting precinct in .the state, by transmittal r
through the county auditor of each county for the pre- .'
cincts in his county for the information of voters at the
polls;
Each educational, charitable, penal, and reformatory
institution of the state for its library;
(3) Five copies to the state library;
(4) Reserve supply for distribution on request as many
copies as he deems necessary. [1965 c 9 § 29.81.150.
Prior: 1913 c 138 § 29, part; RRS § 5425, part. For-
merly RCW 29.79.420.]
RCW 29.81.160 Distribution costs How paid.
The cost of mailing and distributing the pamphlets shall
be paid from money appropriated for postage for the
secretary of state. [1965 c 9 § 29.81.160. Prior: 1913 c
138 § 29, part; RRS § 5425, part. Formerly RCW
29.79.430.]
RCW 29.81.170 Candidates' pamphlet Publica-
tion, date—Dimensions—Consolidation with voters'
pamphlet. See RCW 29.80.040.
RCW 29.81.180 Taped and braille transcripts. The
secretary of state shall mail without charge taped tran-
scripts of the voters' pamphlet to any requesting blind
person or organization representing the blind. Braille
transcripts may also be mailed by the secretary of state
to such persons or organizations. Availability of these
transcripts shall be publicized by the secretary of state
through public'-service announcements and other appro-
priate means. [1981 c 243 § 2.]
631
(1988 Laws)
]Ch.29.81 RCW—p 5]
J